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International divorce - children relocation

56 replies

appleandcarrot · 28/03/2026 17:36

I am currently going through a divorce with my British husband, and we have two British children together. I am not a British citizen and currently hold a spouse visa, but I plan to apply for a family visa as the parent of British children. My soon-to-be ex-husband is living abroad with his girlfriend.
He initiated the divorce and has made a financial offer that I believe is significantly inadequate. My solicitor is currently reviewing and responding to this.
If he continues to make unreasonable offers and fails to meet our legal and financial needs, I would like to understand my options. Specifically, would I be able to relocate to my home country with my children, given that they hold dual nationality?
Can the UK family court require me to remain in the UK with the children, even though their father is living overseas and not providing sufficient financial support? To be honest, I’m not very familiar with family law in the UK, particularly when it comes to what level of financial maintenance I should reasonably expect for myself and my children. However, based on what I’ve seen so far, the offer seems very low compared to his income, and my solicitor has also indicated that I am likely to fall short financially.
My concern is that living in London is extremely expensive, and I’m struggling to understand why I should remain here without my husband, especially as I’m not originally from the UK. I also don’t feel comfortable relocating to a cheaper area within the UK, as I don’t have a support network here. Ideally, I would prefer to return to my home country where I have family support.
In these circumstances, I would like to understand under what conditions the family court might refuse permission for me to relocate with my children. I am worried about staying in the UK, exhausting my savings, and potentially facing financial hardship, particularly as my husband has already moved on and is living abroad with his new partner.
Could you also advise on the proper legal process I would need to follow if I wanted to pursue relocation?

OP posts:
appleandcarrot · 29/03/2026 12:23

taxcon · 29/03/2026 11:56

Are the home office aware of your divorce? If not that's also going to cause problems for you down the road. You really need to speak to an immigration solicitor asap and also get some firm advice on the kids. I would suggest that your visa and the kids need to take priority over the financials for the min so that you know exactly where you stand.

I do have immigration lawyer and it’s all take care of at the moment. I am not staying in UK illegally.

OP posts:
hahabahbag · 29/03/2026 12:32

Assuming you home country is EU/EEA or other developed country, the court will not forbid you from moving there if your exh lives abroad himself. If he returns to live in the U.K., especially close to where you live then it’s far harder.

as for a settlement, it’s very difficult to get a fair settlement when ex spouses flee the country unless the country they are residing in have strong child support laws themselves. The courts will have limited jurisdiction over any funds abroad so your settlement will be limited to assets here often. It’s definitely worth petitioning for around 60% of assets with a view to dropping to 55% without too much agro but understanding that 50% might be your maximum

appleandcarrot · 29/03/2026 13:49

hahabahbag · 29/03/2026 12:32

Assuming you home country is EU/EEA or other developed country, the court will not forbid you from moving there if your exh lives abroad himself. If he returns to live in the U.K., especially close to where you live then it’s far harder.

as for a settlement, it’s very difficult to get a fair settlement when ex spouses flee the country unless the country they are residing in have strong child support laws themselves. The courts will have limited jurisdiction over any funds abroad so your settlement will be limited to assets here often. It’s definitely worth petitioning for around 60% of assets with a view to dropping to 55% without too much agro but understanding that 50% might be your maximum

He won’t come back to UK. And luckily most of his savings, investments, property assets are in UK. My solicitor is also working on the assets in overseas as well.

OP posts:
appleandcarrot · 11/04/2026 06:51

If I remain in the UK on a family visa, my understanding is that I would become eligible for Universal Credit once I obtain ILR.

In that case, would my ex be able to use this as a reason to reduce the maintenance he pays?

If so, I find that quite confusing. It doesn’t seem right that, even if he is fully capable of continuing the current level of support, his contribution could be reduced simply because I become eligible for Universal Credit. And why would government allow it?

Is that actually how it works in practice?

OP posts:
taxcon · 11/04/2026 09:48

appleandcarrot · 11/04/2026 06:51

If I remain in the UK on a family visa, my understanding is that I would become eligible for Universal Credit once I obtain ILR.

In that case, would my ex be able to use this as a reason to reduce the maintenance he pays?

If so, I find that quite confusing. It doesn’t seem right that, even if he is fully capable of continuing the current level of support, his contribution could be reduced simply because I become eligible for Universal Credit. And why would government allow it?

Is that actually how it works in practice?

Yes you would be entitled to UC. But that doesn't change how much maintenance he'd legally have to pay, if he's paying over that then he can reduce to the legal amount at any time.

The legal amount is 12% gross income - there's a calculator you can use to work it out

Gonnagetgoingreturnsagain · 11/04/2026 11:39

appleandcarrot · 29/03/2026 11:59

Many reasons. I have to do children, school runs, etc. I have no help. That really limits the time I can commit to my work. My qualifications and skill sets are not necessarily acknowledged in UK. I cannot pursuit higher education or training as I noticed many of funding opportunities are limited to UK citizens or ILR holders.

Could you start your own business over here? A friend of mine is Slovenian and opened a chocolate shops but had a market stall first. She had a coffee shop with her husband but he then sadly died. Now she has 2 chocolate shops doing very well. Employing staff.

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